Embermine (EMB) Private ICO Pre-Order

Embermine, Inc.
1033 O Street, Suite 600
Lincoln, NE 68402

EMB Private Pre-Order ICO Purchase Terms

1. Background

Embermine, Inc. is a company in the United States that is developing a blockchain (distributed database) system for the purpose of supporting a smart contract platform to manage individual projects created by users on the platform. (referred to in this agreement as the “Smart Contract Platform”).

2. Parties

The parties to this agreement are Embermine, Inc.(Company), a United States corporation 81-5083221 headquartered in Lincoln, Nebraska, United States, and you, a purchaser familiar with blockchain software systems who is interested in early access to the Company software ecosystem (“You” or “Your”).

Blockchain software is a rapidly developing area of applied computer science/mathematics. If You are not comfortable using existing Blockchain systems such as Bitcoin, Ethereum, etc. then You should not place an order with the Company without first learning more.

3. Embermine, Inc. Software Ecosystem

Company is developing a software ecosystem, including “wallet” (software for managing credentials and accounts within a blockchain) and “node” (software that creates a peer-to-per network and relays transactions) software programs, that will allow Smart Contract Platform participants to interact using a peer-to-peer distributed database system (the “Embermine Blockchain”). The Embermine Blockchain will permit transactions and other programmatic commands to be executed upon consumption of a certain quantity of “EMB tokens”, which shall operate as a form of transaction control/access mechanism within the Embermine Blockchain.

4. Distributed Database Entry Pre-Order

You are pre-ordering a distributed database entry in the first “block” (the “Genesis Block”) of the Embermine Blockchain with a certain quantity of EMB tokens associated (“Your Pre-Order”).

5. Distributed Database Entry Pre-Order Credentials

Your Pre-Order shall include credentials that will allow You to control the associated EMB tokens once the Embermine Blockchain and Embermine software ecosystem are made available.

6. Delivery Via Genesis Block

The Company shall have fulfilled its obligations to You upon the launch of the Embermine Blockchain with Your Pre-Order embedded cryptographically in the Genesis Block in such a way that You shall be able to make use of Your Pre-Order quantity of EMB tokens on the Embermine Blockchain. The Company shall have no further obligation to You after the Embermine Blockchain launch.

The Company represents and warrants that the Genesis Block will contain entries totaling no more than 100,000,000 EMB tokens.

7. Not Purchase of Software

You are not purchasing the Embermine Blockchain software.

The Embermine Blockchain software is expected to be open-source software developed in part by the Company, and in part by volunteer developers, and made available at no cost. The Company and/or independent developers may also make available software on a commercial basis that will require EMB tokens in order to execute or manipulate transactions related to the Embermine Blockchain.

8. Embermine Software Launch Date

The Company may provide guidance on the expected launch date of the Embermine Blockchain but due to the uncertain nature of software development and pioneering aspects of the Embermine Blockchain, the actual launch date may differ from the Company’s expectations. If You provide contact information as part of Your Pre-Order then the Company may provide You with updated information regarding the launch from time-to-time.

9. For Embermine Platform Use Only

The Embermine Blockchain is intended to be used only for Embermine Platform applications such as Smart Contract Creation and Management. You represent and warrant that You intend to create a Embermine Blockchain-based Smart Contract, marketing program, business, tool chain, or similar process that will use EMB tokens as an element of its transaction mechanism.

10. Non-Refundable

Your Pre-Order is not refundable and is irrevocable (cannot be cancelled) once placed.

11. No Warranty

The Company does not warrant that Your Pre-Order will be suitable for Your purposes (or any purpose) and is offered to You without any warranty whatsoever (on an “as-is” basis).

The Company shall not be liable for any losses, damages, claims, economic damages, or any other money amounts related to Your Pre-Order, to the maximum extent permitted by law, in tort, contract, negligence or any other theory of law.

12. Securing Your Pre-Order and EMB tokens

The Company strongly recommends that You take steps to ensure that Your Pre-Order credentials are not intercepted in transit or stolen while at rest on your computing device. Your Pre-Order credentials will allow anyone possessing them at the time of the Embermine Blockchain launch to use the EMB tokens associated cryptographically with the credentials.

13. Use of EMB tokens for the Smart Contract Platform

The number of EMB tokens necessary to effect a transaction on the Embermine Blockchain has not been determined as of the date of Your Pre-Order, and is likely to depend on the complexity of the transaction. The Company specifically disclaims any responsibility for losses related to Your inability to use the Embermine Blockchain for your Smart Contract Platform due to an insufficient number of EMB tokens.

14. Lost Pre-Order Credentials At Your Risk

If You lose or destroy Your Pre-Order credentials then You will be unable to access the corresponding EMB tokens. It is not technically possible for the Company to recover or replace lost or destroyed credentials, and the possibility of this is entirely at Your own risk.

15. Relation of EMB tokens to Embermine Blockchain – Disclaimer of Risk

EMB tokens only have utility within the context of the Embermine Blockchain. If the Embermine Blockchain is not created then Your Pre-Order will not be fulfilled by the Company.

You agree not to hold the Company responsible for issues related to the Embermine Blockchain, Embermine software, Smart Contract or any other related components, including failure to complete any aspect of the project or technical limitations of the project that reduces or completely eliminates the utility of EMB tokens to You (or any other person). The functioning of the Embermine Blockchain will be entirely independent of the Company and its features or operating parameters will be set by the participants in the Embermine Blockchain (nodes, miners, etc.)

16. Compliance with Local Law

There may be laws that apply to Your Pre-Order in Your jurisdiction. You shall be solely responsible for compliance with local law and shall indemnify the Company against any liability (including the costs of defending against claimed liability) incurred as a result of Your non-compliance.

17. Limitation of Liability

Notwithstanding any other provision of this agreement, the Company’s liability to You shall be limited to the US Dollar value of any consideration paid for Your Pre-Order.

18. Governing Law and Choice of Forum

Any dispute related to this agreement shall be governed by the laws of the United States of America and the State of Nebraska, and heard in the courts of the State of Nebraska.

19. Severance

If any provision of this agreement is deemed to be unenforceable or unlawful by a court or competent authority then the offending provision shall be struck out and the remaining provisions shall continue in effect.

20. Entire Agreement

This is the entire agreement between the parties with respect to EMB tokens or the Embermine Blockchain and supersedes any other understanding, representations or agreements between the parties.

Private Pre-Order Period: March 28 – April12th (16 Days)

Crowdsale period: April 13th – May 13th (30 days)

EMB purchased per Ether: 1000 EMB per Ether,

Day 1 Bonus 10%: 1100 EMB per ETH

Pre-Order ICO Bonus 20%: 1200 EMB per ETH

Minimum ETH: 5,000 ETH

Maximum Ether Cap: 100,000 ETH

Maximum Crowdsale EMB: 100,000,000 EMB

The overall initial distribution of EMB will be as follows:

85% for Crowdsale purchasers

6% for Embermine founders, employees, advisors and early supporters distributed to a time locked vault that prohibits EMB transfers for 180 days

5% for marketing and promotion distributed to the Embermine multisig wallet

4% for bug bounty program distributed to the Embermine multisig wallet

Transaction Settings

Fill in these parameters in your wallet to participate in the Pre-Order ICO and reserve your EMB today!

To address: 0x858759541633d5142855b27f16f5f67ea78654bf
Minimum value to send: 1.0 ETH
Gas limit: 150000
Data: 0xe8b5e51f